Procedures for the application of penalties for state and local government employers

General Information

Action Summary

This NOIRA was requested to establish procedures for the application of penalties for state and local government employers in accordance with §40.1-2.1 of the Code of Virginia. This NOIRA will begin the process that will allow VOSH to issue proposed penalties to state and local government employers for willful, repeat and failure-to-abate violations, as well as serious violations that cause a fatal accident or are classified as “high gravity”, i.e., a violation that is classified as “high severity” and “high probability”. An example of a “high gravity” serious violation would be one where a violation directly results in non-fatal but serious injuries such as broken bones or amputations. Violations that are classified as non-high gravity serious, and other-than-serious violations would not receive a penalty.

Chapters Affected

Only affects this chapter.

Exempt from APA

No, this action is subject to the Administrative Process Act and the standard
executive branch review process.